ARCTIC OBITER

More documents

Recommendations

Info

24 | <strong>ARCTIC</strong> <strong>OBITER</strong> S.C.C. UPDATE HERE IS A SUMMARY OF ALL APPEALS AND ALL LEAVES TO APPEAL (ONES GRANTED – SO YOU KNOW WHAT AREAS OF LAW THE S.C.C. WILL SOON BE DEALING WITH IN CASE ANY MAY BE AN AREA OF LAW YOU’RE LITIGATING/ADVISING/MANAGING). FOR LEAVES, I’VE SPECIFICALLY ADDED IN BOTH THE DATE THE S.C.C. GRANTED LEAVE AND THE DATE OF THE C.A. JUDGMENT BELOW, IN CASE YOU WANT TO TRACK AND CHECK OUT THE C.A. JUDGMENT. APPEAL JUDGMENTS BANKRUPCY & INSOLVENCY: TAX PRIORITIES Quebec (Revenue) v. Caisse populaire Dejardins de Montmagny (32486)(32489)(32492) 2009 SCC 49 | October 30, 2009 The SCC held as follows: the GST and QST are similar types of taxes on consumption they are considered to be direct taxes, and the ultimate recipient of taxable goods and services is responsible for paying them taxes are collected, and credits apply, at each step of the manufacturing and marketing chains in principle, the supplier acts only as a mandatary of the Crown in collecting and remitting these taxes nothing in the legislation respecting the GST and the QST requires suppliers to keep the taxes they collect separate until a bankruptcy occurs, only the deemed trusts established by statute gives tax authorities a right to equivalent amounts from the suppliers' assets Canadian tax authorities are bound by the choice of legislative policy now expressed in the federal Bankruptcy and Insolvency Act, which is also binding on the Quebec tax authorities. CRIMINAL LAW: INFORMER PRIVILEGE R. v. Basi (B.C.C.A., July 10, 2008) (32719) 2009 SCC 52 | November 19, 2009 ‚Informer privilege‛ prohibits disclosure of the identity of a confidential informant, and in this regard the SCC held: whenever an informer privilege is claimed, or the court of its own motion considers that the privilege appears to arise, its existence must be determined by the court in camera at a "first stage" hearing. even the existence of the claim cannot be publicly disclosed ordinarily, only the putative informant and the Crown may appear before the judge in determining whether the privilege exists, the judge must be satisfied, on a balance of probabilities, that the individual concerned is indeed a confidential informant if the claim of privilege is established, the judge must give it full effect; trial judges have no discretion to do otherwise the informer privilege belongs jointly to the Crown and to the informant; neither can waive it without the consent of the other where a hearing is required to resolve a Crown claim of privilege, the accused and defence are to be excluded from the proceedings only when the identity of the confidential informant cannot be otherwise protected - but only to the necessary extent trial judges should adopt all reasonable measures to permit defence counsel to make meaningful submissions regarding what occurs in their absence, and they have broad discretion to craft appropriate procedures in this regard. CRIMINAL LAW/TORTS: MALICIOUS PROSECUTION Miazga v. Kvello Estate (Sask. C.A., May 30, 2007) (32208) 2009 SCC 51 | November 6, 2009 A Plaintiff must prove the following to succeed in an action for malicious prosecution: initiated by the defendant FOR YOU, BY YOU Have an announcement to make? Send in your news or stories today. For inquiries, or to send news, please email: communications@lawsociety.nt.ca terminated in favour of the plaintiff undertaken without reasonable and
NOVEMBER 2009 | 25 probable cause motivated by malice or a primary purpose other than that of carrying the law into effect. Crown prosecutors are immune from judicial review under principles of public law, subject only to the strict application of the doctrine of abuse of process, being (quoting from the Nelles decision): ‚an improper purpose or motive, a motive that involves an abuse or perversion of the system of criminal justice for ends it was not designed to serve." DEBTOR-CREDITOR: DEBTOR-CREDITOR RELATIONSHIP / FIDUCIARY RELATIONSHIP Galambos v. Perez (February 27, 2008) (32586) 2009 SCC 48 | October 23, 2009 Where an office manager of a law firm voluntarily advances cash to the law firm to resolve cash flow problems, often without informing the firm’s founder, this is a debtor-creditor relationship, and recovery of funds paid cannot be by way of negligence or fiduciary duty: ‚it is fundamental to ad hoc fiduciary duties that there be an undertaking by the fiduciary, which may be either express or implied, that the fiduciary will act in the best interests of the other party‛. INTERNATIONAL TRADE: JURISDICTION TO BRING COMPLAINTS IN CANADA Northrop Grumman Overseas Services Corp. v. Canada (Attorney General) (Fed C.A., May 22, 2008) (32752) 2009 SCC 50 | November 5, 2009 A potential supplier for a government procurement that is not a Canadian supplier does not have standing before the Canadian International Trade Tribunal to bring a complaint alleging an unfair bidding process based on the Agreement on Internal Trade. LEAVES TO APPEAL GRANTED ABORIGINAL LAW: CONSULTATION Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, British Columbia Utilities Commission (B.C.C.A., February 18, 2009) (33132) 2009 SCC ?? | November 5, 2009 What is the appropriate level of aboriginal consultation in water and related resources with regard to a hydro project. BANKRUPCY & INSOLVENCY: CROWN PRIORITY FOR GST Century Services Inc. v. Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada, Ted Leroy Trucking Ltd., 383838 B.C. Ltd. and PriceWaterHouseCoopers Inc. in its capacity as Monitor (B.C.C.A., May 7, 2009) (33239) November 5, 2009 Does the federal Crown have a priority for GST where a debtor assigns itself into bankruptcy. CLASS ACTIONS: ARBITRATE OR LITIGATE Michelle Seidel v. Telus Communications Inc. (B.C.C.A., March 13, 2009) (33154) November 5, 2009 Is the arbitration clause in a cell phone contract enforceable. Eugene Meehan, Q.C., is a Litigation Partner at Lang Michener, Ottawa. His primary area of work is with the Supreme Court of Canada, mainly assisting other lawyers in taking cases (both Leave to Appeal and Appeal). He also does Public Law generally. For previous summaries, and to keep up-to-date with all SCC appeals and leave to appeals, contact Eugene at emeehan@langmichener.ca. News Events Publications Forms www.lawsociety.nt.ca It’s all online.
Page 1 and 2: ARCTIC OBITER NOVEMBER 2009 V OLUME
Page 3 and 4: NOVEMBER 2009 | 3 PRESIDENT’S MES
Page 5 and 6: NOVEMBER 2009 | 5 not, we find that
Page 7 and 8: NOVEMBER 2009 | 7 earning a degree
Page 9 and 10: NOVEMBER 2009 | 9 event, held at th
Page 11 and 12: NOVEMBER 2009 | 11 ROBED AND READY
Page 13 and 14: NOVEMBER 2009 | 13 the 6 hour perio
Page 15 and 16: NOVEMBER 2009 | 15 wake of the Mori
Page 17 and 18: NOVEMBER 2009 | 17 stage to enable
Page 19 and 20: NOVEMBER 2009 | 19 — ‚We are so
Page 21 and 22: NOVEMBER 2009 | 21 to one another.
Page 23: NOVEMBER 2009 | 23 Kraft Dinner: It
Page 27: NOVEMBER 2009 | 27 NOTICES NOTICE O

ARCTIC OBITER

Create successful ePaper yourself

Delete template?

Save as template?